From July 14, 2025, the EUIPO Mediation Rules will officially come into effect. In any dispute involving EU trademarks and Community designs, whether in opposition, invalidation or revocation procedures, the parties concerned may request mediation, aiming to promote reconciliation and efficient dispute resolution in the field of intellectual property.
- What is mediation at the EUIPO?
Mediation is a voluntary, confidential process in which a neutral third party, an EUIPO mediator, assists the parties in finding a mutually acceptable solution. Unlike judicial or traditional administrative proceedings, mediation allows the parties to maintain control over the outcome and work together to develop a solution that aligns with their commercial interests. Mediation can be conducted online, at EUIPO headquarters in Alicante, or at the Liaison Office in Brussels. Mediation conducted through the EUIPO Mediation Centre is free of charge.
- Mediation requirements and procedures
When opposition, invalidation or revocation proceedings are ongoing, mediation may be conducted after the cooling-off period, with the consent of both adversaries. Mediation is initiated by a written request from one party or by a proposal from the EUIPO. Once both parties agree, the ongoing proceedings will be suspended until the mediation is concluded. The parties can jointly select a mediator from an official list, and the EUIPO's Mediation Centre can provide advice on language, expertise and availability, and will set out clear deadlines and procedures. If the adversaries sign a mediation agreement, the EUIPO will conduct a process consisting of joint meetings and individual meetings with the mediator. All information in the mediation proceedings will remain confidential unless the adversaries explicitly request disclosure. The mediation proceedings will end when both parties sign an agreement. If no agreement is reached, the original proceedings will resume.
- Advantages of mediation:
Confidentiality: All content and results are kept confidential, suitable for cases involving trade secrets or reputation issues.
Voluntariness: Mediation is voluntary and can be terminated at any time.
Time and cost savings: Mediation is often faster and less expensive than lengthy court or administrative proceedings.
Flexibility: Parallel disputes such as domain names, patents or copyrights can be included. Parties can address issues beyond the substance of the dispute and find tailor-made solutions.
Preserving business relationships: A collaborative atmosphere fosters sustainable solutions and maintains the foundation for ongoing collaboration.
High success rate: Experience shows that many mediations result in workable agreements.
- Limitations of Mediation
Mediation is non-binding and if no agreement is reached, the original proceedings will continue. The adversaries must genuinely wish to work together to find a solution.
By extending mediation services to all dispute proceedings before the EUIPO, businesses and rights holders now have access to a modern, efficient, and user-friendly tool for resolving IP disputes out of court, confidentially, and sustainably. Mediation is particularly attractive as an alternative to traditional litigation for international companies with complex IP portfolios.
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